Critical to any business is the provision of sound legal advice. At The Law offices of Daniel A. Singer PLLC, our New York business law attorneys represent clients in business disputes, both with respect to matters which are litigated in New York courts as well as those which are addressed in alternative forums of dispute resolution, such as arbitration and mediation. We also advise clients with respect the formation and administration of the entity through which they operate their business; represent clients in legal transactions, such as the negotiating and drafting of contracts and the buying and selling of businesses; and provide day-to-day counseling to clients on matters which are pertinent to them. We also represent individuals and businesses with regard to the collection of unpaid debts and the enforcement of judgments, counseling both clients that are pursuing such debts as well as those businesses and individuals that are being pursued for payment of same.
One of the first things which one needs to decide when starting a business is the legal form of such business. Options include, by mere example, limited liability companies, corporations, and partnerships. Factors which need to be evaluated when deciding such form include, among others, the number of people that will have an ownership interest in the company; whether all prospective owners are residents of the United States; the degree of protection from personal liability being sought by the prospective owners; and costs of creating and operating such entity. At The Law Offices of Daniel A. Singer PLLC, we can help you decide on which entity would be right for your business and, thereafter, create such entity on your behalf. We also draft the documents which are necessary to administer such entity, such as certificates of incorporation, articles of organization, shareholder agreements, operating agreements, partnership agreements, and corporate resolutions.
No business wants to become embroiled in a legal dispute. To avoid such disputes, it is important to consult with counsel on legal matters so as to avoid problems before they arise. Unfortunately, a business might find itself being faced with litigation despite having made its best efforts to avoid same. When one is contemplating litigation, one of the first things which must be decided is the court where the action will be commenced. In New York, there are essentially two different court systems: the federal system and the state system. Generally speaking, the federal courts preside over matters involving alleged violations of federal law as well as matters where the United States is party. The federal courts also have jurisdiction over matters where the plaintiffs and the defendants are from different states, provided that the amount in controversy is more than $75,000.00 (known as diversity jurisdiction). The trial level court where federal cases are commenced is the district court. In New York City, there are essentially two levels of trial court: The New York City Civil Court and The Supreme Court of the State of New York. Cases where the amount in controversy is $25,000.00 or less are generally litigated in The New York City Civil Court whereas cases where the amount in controversy exceeds $25,000.00 and/or where the relief sought is non-monetary are generally litigated in the Supreme Court of the State of New York.
When one is named as a defendant in action, they are typically served with initiating documents which can take various forms. In most instances, such initiating documents consist of a “summons and complaint”, though in some instance a party might be served only with a summons or with a motion seeking certain immediate relief. In some instances, the initiating document might be termed a “petition” accompanied by a “notice of petition” or “order to show cause”. If you are served with court documents, it is critical that you contact a New York business attorney immediately as you have only have a limited time to respond and how you respond might severely affect the outcome of the case.
Sometimes parties agree to have their dispute resolved through arbitration rather than through litigation. This often occurs by way of a so-called “arbitration clause” in a contract. The arbitration clause will typically specify the arbitration organization before which the matter will be decided.
Whether you are contemplating litigation or arbitration or have been served with court papers, our New York business attorneys can provide you with quality and cost-effective representation from the commencement of your dispute until the completion thereof.
Please contact us today for a consultation.